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Full-Text Articles in Law
Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett
Natural Law And The Regulation Of Sexuality: A Critique, Dr. Brent L. Pickett
Richmond Journal of Law and the Public Interest
I will argue that the natural-law understanding of sexuality, and its application to the law, is deeply flawed, in regards to homosexuality and sodomy. I begin by laying out some of the foundations of the natural law position. Central to the position is an account of human goods that are seen as good in themselves, and hence as rational bases for choice and human action. In regards to sexuality, the two most important goods, at least from the natural law perspective, are those of marriage and personal integration. I argue that a real appreciation of the role of these two …
Symposium Problem, _ _. _
Symposium Problem, _ _. _
Richmond Journal of Law and the Public Interest
A problem from the sypmposium based on Suzie and Carol Carol who have lived together as a same-sex couple for five years, and wish to be legally married. They reside in the County of Declaration, in the State of Independence, however, and Independence forbids marriage between homosexual couples. Specifically, the Code of Independence statutorily prohibits marriages or contractual unions between same-sex partners.
Brief, Josh Laws
Brief, Josh Laws
Richmond Journal of Law and the Public Interest
Issue One: Whether Section 411 is constitutional under Lawrence v. Texas?, Issue Two: Whether the right to marry is a fundamental right, protected by the Fourteenth Amendment, that must be extended to all persons regardless of sexual orientation?
A Question Of (Anti)Trust:Flood V. Kuhn And The Viability Of Major League Baseball's Antitrust Exemption, William Basil Tsimpris
A Question Of (Anti)Trust:Flood V. Kuhn And The Viability Of Major League Baseball's Antitrust Exemption, William Basil Tsimpris
Richmond Journal of Law and the Public Interest
Jacques Barzun once commented that "[w]hoever wants to know the heart and mind of America had better learn baseball., Taken literally, this assertion is shortsighted, 3 and in today's society "the national pastime" has long ceded its status as America's dominant team sport. In one area, though, baseball still holds a distinction other sports cannot claim: Throughout much of its history, Major League Baseball (hereinfter "MLB") has enjoyed a judicially-created exemption from federal antitrust laws, an exemption not afforded to other sports. This casenote will examine the history and strength of the MLB antitrust exemption from the perspective of Flood …
Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari
Judicial Elections: Recent Developments, Historical Perspective, And Continued Viability, Laura Zaccari
Richmond Journal of Law and the Public Interest
In the United States today the vast majority of states conduct elections in some form or fashion to select members of the judiciary. These elections bring into conflict two ideals of American government: officials who are accountable to the people, and the idea of a fair and impartial judiciary. Organizations such as the American Bar Association and the American Judicature Society have expressed misgivings about judicial elections for years; however, judicial elections continue to have support from voters. Judicial elections raise a myriad of ethical and political questions that have been the source of heated debate for years; however, several …
Brief, E. Brandon Bailey
Brief, E. Brandon Bailey
Richmond Journal of Law and the Public Interest
Appellants contend that the Fourteenth Amendment protects marriage as a fundamental right of all persons, regardless of sexual orientation. Therefore, appellants contend that Section 411, under which the clerk of Declaration County circuit court acted in denying appellants' request for a marriage license, must be unconstitutional. Appellants predicate their contentions on Lawrence v. Texas. Unfortunately for appellants, the holdings of Lawrence are too weak a wind to shift the ship of marriage from its historical and legal course. To understand why Lawrence is inadequate for the purpose for which appellants invoke it, the Court must look to the right of …
America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton
America's War On Drugs And Guns: The Detriments Of The Possessionstandard In The Context Of Mandatory Minimum Sentencing, Christan C. Rhoton
Richmond Journal of Law and the Public Interest
America's "War on Drugs" has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant's use or possession of the firearm. Congress amended Section 924 to include the term "possession" several years after the United States Supreme Court's decision in Bailey v. United States. The United States Supreme Court interpreted the "use" requirement of Section …
Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris
Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris
Richmond Journal of Law and the Public Interest
On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And Themismeasure Of Homosexual Historiography, Jody Madeira
Rebuilding The Closet: Bowers V. Hardwick, Lawrence V. Texas, And Themismeasure Of Homosexual Historiography, Jody Madeira
Richmond Journal of Law and the Public Interest
This paper acknowledges that "[i]t is now commonplace to disparage the Hardwick Justices' performance as historians, though it is less common to specify what was wrong with it''. In an effort to engage in such specification, this paper will first address mischaracterization of history in Bowers, which portrays the historic legal and ecclesiastical penalties of what the Court labels as "homosexual activities" as a continuous, unitary narrative extending from the halls of the Emperors Theodosius and Justinian to the legislative assembly rooms of Georgia and Texas. This illusory perspective portrays the criminalization of sodomy (and therefore the identity of homosexuality …
Tip-Based Warrantless Searches And Seizures Under The Rubric Of The Investigativedetention Exception To The Warrant Requirement: What Law Enforcementpersonnel Must Understand About Exclusion And Training, Brian Decker
Richmond Journal of Law and the Public Interest
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.